Posts by Kristie Prinz
Should Your Software Company Be Concerned about Product ADA Compliance?
If your software company leases office spaces, then you may have some familiarity with the legal issues involving whether or not the space is compliant with the Americans with Disabilities Act (the “ADA”), but have you ever considered whether your software product itself is ADA compliant? If the answer is no, then it may be…
Read MoreMicrosoft Launches New Constitutional Challenge Against Government Over Secret Data Requests
Microsoft has just opened a new chapter in the software industry’s pushback against alleged federal government overreach by filing a constitutional challenge over indefinite government gag orders when the government subpoenas information from customer cloud accounts. Microsoft’s complaint alleges that the orders violate First Amendment free speech rights and Fourth Amendment rights regarding unreasonable government…
Read MoreThird Party Hacks San Bernardino Terrorist iPhone, Ending Standoff Between Apple and FBI
The U.S. Justice Department announced yesterday that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI. The government informed the court in its filing yesterday that it had successfully retrieved the…
Read MoreLawyer Kristie Prinz Invited to Present Upcoming Webinar on “Negotiating Software as a Service Contracts”
Silicon Valley Software Law Blog author Kristie Prinz has been invited to present a webinar on “Negotiating Software as a Service Contracts” for Clear Law Institute on May 6, 2016 at 10 a.m. PST/1 p.m. EST. For more information on the event or to register, please visit the Clear Law Institute website at http://clearlawinstitute.com/.
Read MoreGovernment Backtracks in Dispute Against Apple Over Unlocking Terrorist iPhone
The government has asked to postpone its scheduled hearing against Apple tomorrow, according to breaking news reports by Fox News and the Associated Press as well as The New York Times. It is reported that “an outside party” has identified to the FBI a possible method to unlock the iPhone used by one of the…
Read MoreWho will Ultimately Win in the FBI’s Standoff with the Software Industry?
The Justice Department set off a huge public debate earlier this year when it sought court intervention to force Apple to assist law enforcement in unlocking an iPhone that belonged to one of the San Bernardino terrorists, and the issue is of particular interest to members of the software industry here in Silicon Valley, where…
Read MoreLumos Labs Case Signals to Health Software Industry an Intention by the FTC to Police Industry’s Advertising Claims
The Federal Trade Commission’s pursuit of Lumos Labs over advertising claims made about its Luminosity brain training software programs has sent a clear cautionary signal to the health software industry that the FTC intends to exercise regulatory authority over advertising in the space to monitor companies’ health-related advertising claims for deceptive advertising issues. The FTC…
Read MorePrinz Law Launches New Meetup Group on Copyright Law Meetup
The Prinz Law Office has just launched a new meetup group on Copyright, Software, Internet & Social Media and the Law in conjunction with the High Tech Section of the Santa Clara County Bar Association. The firm anticipates having remote as well as in-person events. If you are interested in the subject, the firm welcomes…
Read MoreRecorded Webinar of “Negotiating Software as a Services Contracts”
In the event you missed the program featuring co-presenters Silicon Valley Software Law Blog’s Kristie Prinz and Reed Smith’s Kelley Miller and produced by Stafford Publications in September, 2015, the webinar is available now for viewing by our blog readers at the following link: View Webinar. CLE credit is available for the program only when viewed at the Strafford Publications…
Read MoreSilicon Valley Software Law Blog Author to be Featured at Upcoming SaaS Webinar
Silicon Valley Software Law Blog Author Kristie Prinz will be featured as a speaker for the webinar “Negotiating Software as a Service Contracts” for the Arlington, Virginia-based Clear Law Institute on Monday, November 2nd at 10 a.m. PST/1 p.m. EDT. For more information, contact the Clear Law Institute.
Read MoreSilicon Valley Software Law Blogger to be Featured at Upcoming CLE Program
The Silicon Valley Software Law Blog’s Kristie Prinz will be a featured speaker at the upcoming CLE program “Negotiating Software as a Service Contracts” on Tuesday, September 8th from 1:00 p.m.-2:30 p.m. EDT. For more information on the upcoming program, please click here.
Read MoreSilicon Valley Software Industry Considers Impact of Supreme Court Decision on Patent Invalidity Defense to Claim of Induced Infringement
As I posted yesterday to my blog at Silicon Valley IP Licensing Law Blog, the U.S. Supreme Court has just issued an opinion in the Commil vs. Cisco Systems case, leaving the software industry to consider how the ruling will impact member software companies. Industry reaction to the ruling has been somewhat muted thus far,…
Read MoreNew Senate Cybersecurity Bill May Expand Government Surveillance Pressures on Cloud Companies
Privacy groups are raising alarms in response to the Senate Intelligence Committee’s Introduction of a new cybersecurity bill: the Cybersecurity Information Sharing Act of 2015 (“CISA”). The text of the current bill has been made available for viewing at this link. According to a National Journal report discussing the proposed legislation, the bill “is intended…
Read MoreInsurance Industry Guidance to Consider When Negotiating a SaaS Indemnification Clause
As a software attorney advising SaaS companies in contract negotiations, I am frequently asked for advice on negotiating indemnification clauses. While clients all have different risk tolerances when it comes to the issue of indemnification, it is always challenging to advise parties on either side of the negotiating table, as it is difficult to provide…
Read MoreFCC Decision on Net Neutrality: What Does this Mean for the Software Industry?
The Federal Communications Commission (“FCC”) adopted new rules today on the issue of net neutrality, affirming the government’s right to increase its regulatory powers over the Internet. In a press release issued to announce the new rules, the FCC identified the following as the key provisions of the rules to be adopted: Application of the…
Read MoreCareful Drafting of Pricing Terms is Key to all Software Licenses and SaaS Agreement
As a software company, do you make a special point of sending all your price schedules, payment terms, and price-related clauses to software counsel for review before you send them out the door to your potential customer? If your company is like most, my expectation would be that you are probably handling all such issues…
Read MoreSoftware Licensing vs. Software-as-a-Service (“Saas”) : The Importance of the Technology Model to Contract Drafting
Updated 6.11.24 When I am first retained by a software company, I inevitably have a conversation with my contact at the company about their technology model: what is your technology model: “SaaS” or “software license”? Nine times out of ten the client either will be unable to answer the question or will say that they…
Read MoreDrafting SaaS and Software Licenses Effectively Requires High Level Knowledge about the Technology
Updated 6.25.24 There seems to be a common universal belief among many companies that there is a single form agreement circulating among software lawyers with the perfect terms that can just be cut and pasted into their agreements if they can just find the right attorney who can furnish that ‘perfect’ form agreement. I have…
Read MoreReport Reveals that the Majority of Apps on Market Ignore Privacy Concerns
The Wall Street Journal reported this week that apps on the market overall are not providing users with even basic privacy protections. The report focused on research conducted by the Global Privacy Enforcement Network, which is a coalition of privacy officials from 19 countries, including the U.S. Federal Trade Commission, and determined that 60% of…
Read MoreCalifornia Notifies App-Based Ride Service Uber and Competitors that Service is Illegal
The big story on the Internet today is about the new app-based ride service Uber: California regulators have just notified Uber and its competitors, Lyft and Sidecar, that the services are illegal under California law. An article by Forbes Contributor Mark Rogowsky offers a fairly comprehensive explanation of California’s problem with these services. Apparently the…
Read MoreCalifornia Adopts Smartphone Kill Switch Law
California has just enacted a smartphone kill switch law, which will require all smartphones sold in the state of California as of July, 2015, to have kill switch features enabled as the default settings on the smartphone. SB 962 requires all smartphones: manufactured on or after July 1, 2015, and sold in California after that…
Read MoreCalifornia Governor Signs Bill Prohibiting Nondisparagement Clauses in Consumer Contracts
California has just added a new type of clause to the list of clauses that violate public policy in the state: the non-disparagement clause. Governor Jerry Brown has just signed AB 2365, which prohibits companies from including nondisparagement clauses in consumer contracts, including online terms of service. The bill–nicknamed the “Yelp” bill–prohibits now the inclusion…
Read MoreFTC Settlement with Google to Require Refund of Unauthorized In-App Charges
The Federal Trade Commission has announced that Google has agreed to refund customers’ unauthorized in-app purchases made by their children in the Google Play Store pursuant to a settlement over a complaint filed by the Commission alleging violations of Section 5(a) of the FTC Act, 15 U.S.C. Section 45(a) prohibiting unfair or defective acts or…
Read MoreFederal Court Awards $163 Million Judgment Against “Scareware” Software Company and Founders
The U.S. District Court for the District of Maryland has awarded damages in excess of $163 million in a FTC case against a “scareware” software company, Innovative Marketing, Inc. and its founders. The FTC alleged violations of Sections 5(a) and 13(b) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a) and 53(b)…
Read MoreFTC Proposing New Rules to Protect Children’s Online Privacy
Updated 6.25.24 The FTC has just announced proposed changes to its existing rules protecting children’s online privacy and is currently accepting public comment to the proposed rules through September 10, 2012. The proposed changes would amend the Children’s Online Privacy Protection Rule (“COPPA”). Proposed COPPA Amendments In particular, the FTC is seeking to make modifications…
Read MorePresident Obama Unveils New Consumer Privacy Initiative: The Consumer Privacy Bill of Rights
President Obama yesterday unveiled his new consumer privacy initiative, as was announced on the White House website. To view the full text of the initiative, click here. The purpose of the initiative is to urge Congress to adopt a Consumer Privacy Bill of Rights, which codifies the following: Individual Control: Companies should give consumers control…
Read MoreIs the OPEN Act a More Viable Alternative to SOPA?
Now that SOPA and its companion bill PIPA have been tabled thanks in no small part to the statement made by the online community in organizing the SOPA blackout, the focus shifts to the Online Protection and Enforcement of the Digital Trade Act (the “OPEN Act”), H.R. 3782, which was introduced by Rep. Darrell Issa…
Read MoreWebsites Set to Observe SOPA Blackout Day
A number of prominent websites have organized an anti-SOPA protest tomorrow, and are set to blackout for the day. A blackout instructions website has been set up to advise Internet website owners on what to make your website go dark on the designated January 18th protest day. The Los Angeles Times is confirming that Mozilla,…
Read MoreApple Signals New Enforcement Strategy to Companies Distributing Applications at the App Store
Companies distributing applications on the Apple App store should take note: multiple companies today have stopped selling content from their applications sold on the Apple App store, suggesting that Apple is taking steps to enforce its new rules to collect its royalty on direct sales from applications being sold on the App Store. The Financial…
Read MoreEquity Not the Only Option for Software Start-Ups Hiring First Developer
Silicon Valley entrepreneurs have a tendency to want to offer equity to anyone who they hire when they are first getting off the ground, and some developers prefer to receive equity in the business over an IOU that they may or may not be able to collect on. However, when an entrepreneur calls me saying…
Read MoreCopyright Assignments are Commonly Overlooked Requirement of Most Development Projects
Disputes over development projects are extremely common in even the best of economies, but are particularly common in today’s world, where most companies are on a tight budget and developers are always on the lookout for better paying opportunities. In fact, development disputes are becoming so widespread that I receive calls now almost daily about…
Read MoreTips to Protecting Your Ideas Before You Launch Your Software Start-Up Company
I receive a call nearly every day from an entrepreneur who has a great idea for a new software start-up company, and is concerned about how to protect that idea before he or she is able to launch it. Unfortunately, for such entrepreneurs, there is no application that can be filed that can protect mere…
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